A majority of Astoria City Councilors still question whether an ordinance that would temporarily ban people from the downtown area will be effective at curbing unwanted behaviors, but they say they’re ready to move forward — with certain guardrails in place.
The City Council held off on voting on a proposed exclusion zone ordinance at a meeting in early April, saying they needed more time to consider it and more information.
Astoria Police Chief Stacy Kelly calls the proposed exclusion zone ordinance a “small tool” to address chronic and, in some instances, growing issues downtown.
The ordinance would ban people from an area in Astoria that stretches from Second Street to 19th Street and from the Columbia River to Franklin Avenue for up to 90 days if they are cited or charged with a range of crimes from disorderly conduct and harassment to weapons violations and assault or for repeatedly violating the city’s camping ordinance.
Once someone is excluded, they can still travel through the downtown area or enter downtown to access social services or go to work or city hall, among other exceptions. But, if they continue to be disruptive or commit new crimes, they face trespassing charges and possible jail time — a consequence police have not been able to wield otherwise, Kelly said.
While Kelly has emphasized that the rule is not meant to target any particular group, some city councilors and others in the city worry it will be applied disproportionately to Astoria’s homeless population.
At a work session on Monday, City Councilors Andy Davis and Andrea Mazzarella said they want to see a stronger accountability piece to the ordinance, with regular reviews of how the law plays out on the ground.
Davis said the offenses that might get someone banned from downtown should be sorted into multiple tiers based on the seriousness of the offense. The city could tailor its response based on these tiers.
He also suggested the City Council itself should weigh in on whether someone cited for lesser offenses — like repeat violations of the city’s camping ordinance — should be excluded, “putting it on our shoulders to make that call and then we have to be responsible to the public if we were right about that.”
“I think it’s our responsibility,” he said, then noted the uncomfortable expressions on the other councilors’ faces as he spoke.
Mazzarella agreed and said that if the City Council is willing to create an ordinance banning someone from downtown, leaders should have to sit with that discomfort.
“That power should be uncomfortable,” she said.
Mayor Sean Fitzpatrick said he would prefer not to be a judge, but could see the matter coming to the City Council if someone appeals an exclusion decision.
City staff plan to develop several options and bring back more information for how a review process by the City Council might work.
Monday’s work session was a chance for the City Council to talk through aspects of the proposed exclusion zone ordinance and provide direction to city staff. They did not make any final decisions at the meeting. A new ordinance will come back for consideration for a public hearing at a future meeting.
On Monday, Kelly provided examples of people who committed multiple crimes downtown and elsewhere in Astoria, situations that led to numerous interactions with police. The people in Kelly’s examples were recent arrivals to Astoria and homeless. Kelly said exclusion could have cut police time in half.
He acknowledged there is the concern that excluding people from downtown Astoria could push problems into other areas of Astoria or out into neighboring cities.
“Warrenton is following this closely and asked for a copy of the ordinance,” he said. “So I think we will see them doing a version of this very soon.”
Kelly noted that the exclusion zone rule may also not deter someone dealing with mental health issues. But, he added, Astoria needs to take care of its community and enforce community standards.
“This is not going to solve all our problems,” Kelly said, “but we’ve got to try something else because it’s not working right now.”
Fitzpatrick agreed.
“Even with mental health issues though, people — if there are consequences — they’ll think twice,” he said.
Fitzpatrick said he believes the point of the ordinance is to discourage behaviors, not expel people.
“I don’t see the ordinance as a cure-all,” he said. “I see it as a step in at least indicating to the bad actors that there will be consequences for their behavior.”
“And the other 9,990 of us who are behaving and are concerned about or directly affected by the behavior,” he added, “it shows we care about that portion of the population as well.”
Kelly noted that only a few people cause the bulk of the problems downtown. He said he expects to use the exclusion rule sparingly and as a last resort.
Mazzarella came to Monday’s meeting with a list of changes and additions she would like to see “to be even remotely comfortable with this idea.”
One of her requests was for the inclusion of a pamphlet police could hand people that explains what exclusion means, the appeals process and what people are still allowed to do downtown even if they have been excluded. She also emphasized the need to put language in the ordinance that spells out what leaders expect from police enforcing the ordinance.
Mazzarella said the city should also support the creation of a daytime drop in center so that people who are homeless and struggling to comply with aspects of the city’s laws — particularly rules around camping — have a place to go and a place to leave possessions.
She and Councilor Elisabeth Adams acknowledged the police need a range of tools and exclusion is another tool, but one city councilor remained unconvinced.
“I don’t have a lot as far as critiquing this ordinance,” Councilor Vance Lump said on Monday, “because I don’t think we should do it, personally.”
For him, the exclusion zones seem aimed at Astoria’s homeless population, an issue he connects to lack of housing.
“If we’re not going after the root cause, we’re either giving someone else the problem or making it worse for people,” Lump said.
Davis said he also doesn’t like exclusion as a way to confront the issues downtown.
Still, he pushed, if Astoria is going to exclude people from downtown, maybe the city should take the next step and exclude people from the entire city “and take ownership that this is what we want.”